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VANCE v. FORTY-EIGHT STAR MILL

No. 5203.

215 P.2d 1016 (1949)

VANCE et al. v. FORTY-EIGHT STAR MILL et al.

Supreme Court of New Mexico.

Rehearing Denied April 5, 1950.

Attorney(s) appearing for the Case

Hannett & Hannett and M.A. Threet, Albuquerque, for appellants.

Ernest A. Polansky, Albuquerque, Robert B. Bennett, Albuquerque, for appellees.

COMPTON, Justice.

This is a suit on contract by which appellee, Harry V. Vance, assignee of J.M. Igoe, sought to recover $3,032.81 for merchandise allegedly sold and delivered to appellants. By motion, appellee J.M. Igoe was made a party plaintiff. By counterclaim, Igoe sought to recover $1,000.00, for breach of contract. Appellants answered and counterclaimed. By answer they assert that they refused to pay for the merchandise delivered because appellee

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